United States District Court, D. Nebraska
M. Bazis United States Magistrate Judge
matter is before the Court on the parties' Joint Motion
for Entry of Protective Order. (Filing No. 15.) The
motion is granted.
a protective order is entered as follows:
documents and materials produced in the course of discovery
of this case, including initial disclosures, responses to
discovery requests, all deposition testimony and exhibits,
and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this
Order concerning Confidential Information as set forth below.
As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will
be strictly construed in favor of public disclosure and open
proceedings wherever possible.
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as information that the producing party designates in
good faith has been previously maintained in a confidential
manner and should be protected from disclosure and use
outside the litigation because its disclosure and use is
restricted by statute or could potentially cause harm to the
interests of disclosing party or nonparties. For purposes of
this Order, the parties will limit their designation of
“Confidential Information” to the following
categories of information or documents:
Proprietary or commercial information relating to
Defendant's business or customers; confidential financial
information of Defendant; or any medical records, personal or
financial information regarding Plaintiff, or records
including but not limited to, records whose disclosure is
restricted or prohibited by statute.
or documents that are available to the public may not be
designated as Confidential Information.
Form and Timing of Designation.
producing party may designate documents as containing
Confidential Information and therefore subject to protection
under this Order by marking or placing the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER”
(hereinafter “the marking”) on the document and
on all copies in a manner that will not interfere with the
legibility of the document. As used in this Order,
“copies” includes electronic images, duplicates,
extracts, summaries or descriptions that contain the
Confidential Information. The marking will be applied prior
to or at the time of the documents are produced or disclosed.
Applying the marking to a document does not mean that the
document has any status or protection by statute or otherwise
except to the extent and for the purposes of this Order.
Copies that are made of any designated documents must also
bear the marking except that indices, electronic databases,
or lists of documents that do not contain substantial
portions or images of the text of marked documents and do not
otherwise disclose the substance of the Confidential
Information are not required to be marked. By marking a
designated document as confidential, the designating attorney
or party appearing pro se thereby certifies that the
document contains Confidential Information as defined in this
Inadvertent Failure to Designate.
failure to designate any document or material as containing
Confidential Information will not constitute a waiver of an
otherwise valid claim of confidentiality pursuant to this
Order, so long as a claim of confidentiality is asserted
within 30 days after discovery of the inadvertent failure.
testimony will be deemed confidential only if designated as
such when the deposition is taken or within a reasonable time
period after receipt of the deposition transcript. Such
designation must be specific as to the portions of the
transcript and/or any exhibits to be protected.
Protection of Confidential Material.
General Protections. Designated Confidential
Information must be used or disclosed solely for purposes of
prosecuting or defending this lawsuit, including any appeals,
[or any other related legal proceeding brought by one of the
parties to this litigation].
Who May View Designated Confidential Information.
Except with the prior written consent of the designating
party or prior order of the court, designated Confidential
Information may only be disclosed to the following persons:
i. The parties to this litigation, including any employees,
agents, and representatives of the parties;
ii. Counsel for the parties and employees and agents of
iii. The court and court personnel, including any special
master appointed by the court, ...